Munson v. Rice
Supreme Court of Vermont
Appeal from the decision of commissioners appointed by the probate court upon the estate of the testatrix. An auditor was appointed by the county court, who reported, that the plaintiff presented before him an account, which commenced in 1828, and which amounted, with the interest, to $112,44, of which $101,05 accrued more than six years prior to the decease of the testatrix; that there was no interval of six years .between any two items of the account; that the plaintiff’s…
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Appeal from the decision of commissioners appointed by the probate court upon the estate of the testatrix. An auditor was appointed by the county court, who reported, that the plaintiff presented before him an account, which commenced in 1828, and which amounted, with the interest, to $112,44, of which $101,05 accrued more than six years prior to the decease of the testatrix; that there was no interval of six years .between any two items of the account; that the plaintiff’s account contained no credits, and that .the defendant presented no claim against the .plaintiff, except a receipt for…
1Opinion of the Court
The opinion of the court was delivered by
Hebard, J.
The main question in this case was settled in the case of Hutchinson et at. v. Pratt, Adm’r, 2 Vt. 146, and affirmed in the case of Chipman v. Bates, 5 Vt. 143.
The plaintiff, however, claims that the payment of the sum of fifteen dollars in 1831 was equivalent to an admission on the part of the defendant, at that time, that there was an unsettled account between the parties. But this does not seem to relieve him from the embarrasment imposed upon him by the decisions referred to; for if the defendant’s testatrix made a new promise in 1831,…
2Cases cited2 opinions
- Hutchinson v. PrattSupreme Court of Vermont · 1829
- Chipman v. BatesSupreme Court of Vermont · 1831
3Cited by2 opinions
- Rowell v. Estate of LewisSupreme Court of Vermont · 1900
- Farrar v. BesseySupreme Court of Vermont · 1852